Ordinance No. 323 - Entering Upon Private PropertyORDINANCE NUMBER 323
AN ORDINANCE OF THE CITY OF ROSEMEAD,
CALIFORNIA, PROHIBITING PERSONS FROM
REMAINING ON OR ENTERING UPON PRIVATE
PROPERTY AFTER PROPER NOTICE TO.DEPART
THEREFROM, AND AMENDING THE ROSEMEAD
MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
?,a r HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Article IV, Chapter l of the Rosemead
Municipal Code is amended by the addition thereto of Sections
"4170-and 4170.1 to read as follows:
rt. 4170. Trespass Upon Private Property
a) No person shall remain upon any private
property or business premises, after.being .
notified by the owner or lessee or other
person in charge thereof to remove therefrom.
b) No person,.without permission, express or
implied, of the owner or lessee or other
person in charge of private property or
business premises, shall enter upon such
private property or business premises after
having been notified by the owner or lessee
or other person in charge thereof to keep
off or keep away therefrom.
4170.1. -Exceptions
The Provisions of Section 4170 shall not apply
in any of the following instances:
a) Where its application results in or is
• coupled with an act prohibited by the
Unruh Civil Rights Act or any other pro-
vision of.law relating•to'prohibited
discrimination against any person on
account of color, race, religion, creed,.
ancestry or national origin.
b) Where its application results in.or is
coupled with an act prohibited by Section
365 of the California Penal Code or any
other provision of law relating to duties
of innkeepers and common carriers:
c) Where its application would result in an
-interference with or inhibition of -peace-
ful labor picketing or other.lawful
labor activities.
d) -Where its application would result in an
interference with or inhibition of any other
exercise of a constitutionally protected
right of freedom of speech such as (but
not limited to) peaceful expressions of
political or religious opinions, not
involving offensive personal conduct.
e) Where the person whc'is upon another's
private property or business premises is
there under claim or color of legal right.
This exception is applicable (but not lim=
ited to).the following types of situations
"involving disputes wherein the participants
have available to.them practical and effective
civil remedies: marital and post-marital
disputes; child custody.or visitation disputes;
disputes regarding title to or rights in
real property; landlord-tenant disputes;
disputes between members of the same family
or between persons residing upon the property
concerned up until the time of the dispute;
employer-employee disputes; disputes between
partners or covenanters--.in;business;:.debtor•-
creditor disputes; and instances wherein-
the person claims rights to be present
pursuant to order,.decree or process of
a court.
PASSED, APPROVED AND ADOPTED this 27th day of
'July, 1971:
o MAY
"ATTEST•c^
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